New LCA – ETA 9035 – as of 11/19/2018

On November 19^th, 2018, the DOL updated Form ETA 9035, the Labor Condition Application.

The following changes were made to the LCA:

Employers are now required to note whether sponsored H-1B, E-3 and H-1B1 workers will be placed at an end-client or vendor worksite, disclose the name of the third-party entity and provide the worksite address.

Employers must list the total number of their H-1B, H-1B1 and E-3 workers who will be working at each worksite address listed on the LCA.

H-1B dependent employers, or willful violators of the LCA regulations, must specify the basis for exemption from their additional recruitment and non-displacement attestations.

If an H-1B dependent employer claims an exemption based on a sponsored foreign worker’s attainment of a master’s or higher degree, it must provide additional information about the exempt employee and the relevant degree. ​

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The Labor Condition Application (LCA) is Department of Labor Form that H-1B employers file when they wish to employ nonimmigrant workers at a specific job occupation in an area or areas of intended employment.

In this document, the employer attests to standards to which it will adhere.

It must be certified by the authorized DOL official pursuant to the provisions of 20 C.F.R. §655.740 before it can be used.

The LCA requires the employer to enter the proposed period of employment, job title, SOC code, employer contact information, offered salary, all work locations where the employee will work, prevailing wage for reach employee, and H-1B dependent information.

The employer makes 4 attestations in Section F of the LCA:

 #1: Wages (the prevailing wage requirement)

The employer must attest, and may need to furnish documentation upon request, to show that the non-immigrant workers on behalf of whom the application is being made will be paid at or above both these numbers

• The actual wage: This is the wage paid to other employees in the company who do the same work.
• The prevailing wage: This is the wage for that occupation in the geographical area.

The employer must make similar attestation regarding non-wage benefits offered.

#2: Working conditions

The employer must attest that the hiring of non-immigrant workers will not adversely affect the working conditions of similarly employed workers at the company, and that the non-immigrant workers will be offered similar working conditions as native US workers

#3: Strike, lockout, or work stoppage

The employer must attest that on the day the application is filed, there is not a strike, lockout, or work stoppage in the named occupation at the place of employment and that, if such a strike, lockout, or work stoppage occurs after the application is submitted, the employer will notify ETA within three (3) days of such occurrence and the application will not be used to file a work authorization petition until the ETA has determined that the work stoppage has ceased.

#4: Notice

The employer must attest that as of the date of application, notice of the application has been or will be provided both to workers within the company in the said application. The (prospective) worker(s), also called the beneficiary, on whose behalf the application is filed must be provided a copy of the application.

Source: h1b now